M67001-17-Q-0019_Aircraft_Support_Services.docx
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- Parachute Training Aircraft Support Services
- Solicitation number
- M67001-17-Q-0019
- Issued by
-
United States Marine Corps
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Solicitation for M67001-17-Q-0019 Parachute Training Aircraft Support Services
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M67001-17-Q-0019
Section SF 1449 - CONTINUATION SHEET
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
Camp Lejeune/Camp Davis Aircraft Support
FFP
Camp Lejeune/Camp Davis aircraft support in accordance with the Performance Work Statement FOB: Destination
PURCHASE REQUEST NUMBER: M1200917SU00003
ESTIMATED
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
0001AA
| 125 |
| Hours |
Aircraft Balde Hours
Aircraft Hourly Rate to support para drops in accordance with the Performance Work Statement. Funding for any unused blade hours will be returned to the Government.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
0001AB
| 22 |
| Hours |
Positioning / Depositioning of Aircraft
Contractor will provide the quantity and unit price of blade hours required for the positioning and depositioning of aircraft.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
0001AC
| 10 |
| Days |
Aircraft Support and Coordination
Aircraft support and coordination In accordance with the Performance Work Statement.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Contractor Site Aircraft Support
Contractor Site Aircraft Support in accordance with the Performance Work Statement
PURCHASE REQUEST NUMBER: M1200917SU00003
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
0002AA
| 110 |
| Hours |
Aircraft Blade Hours
Aircraft Hourly Rate to support para drops in accordance with the Performance Work Statement. Funding for any unused blade hours will be returned to the Government.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
0002AB
| 65 |
| Days |
Facilities Fee
Facilities fee in accordance with the Performance Work Statement
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Camp Lejeune/Camp Davis Aircraft Support
Camp Lejeune/Camp Davis aircraft support in accordance with the Performance Work Statement
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
1001AA
| 125 |
| Hours |
Aircraft Balde Hours
Aircraft Hourly Rate to support para drops in accordance with the Performance Work Statement. Funding for any unused blade hours will be returned to the Government.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
1001AB
| 22 |
| Hours |
Positioning / Depositioning of Aircraft
Contractor will provide the quantity and unit price of blade hours required for the positioning and depositioning of aircraft.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
1001AC
| 10 |
| Days |
Aircraft Support and Coordination
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
Hours
Contractor Site Aircraft Support
Contractor Site Aircraft Support in accordance with the Performance Work Statement
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
1002AA
| 110 |
| Hours |
Aircraft Blade Hours
Aircraft Hourly Rate to support para drops in accordance with the Performance Work Statement. Funding for any unused blade hours will be returned to the Government.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
1002AB
| 65 |
| Days |
Facilities Fee
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
Camp Lejeune/Camp Davis Aircraft Support
Camp Lejeune/Camp Davis aircraft support in accordance with the Performance Work Statement
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
2001AA
| 125 |
| Hours |
Aircraft Balde Hours
Aircraft Hourly Rate to support para drops in accordance with the Performance Work Statement. Funding for any unused blade hours will be returned to the Government.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
2001AB
| 22 |
| Hours |
Positioning / Depositioning of Aircraft
Contractor will provide the quantity and unit price of blade hours required for the positioning and depositioning of aircraft.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
2001AC
| 10 |
| Days |
Aircraft Support and Coordination
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
Contractor Site Aircraft Support
Contractor Site Aircraft Support in accordance with the Performance Work Statement
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
2002AA
| 110 |
| Hours |
Aircraft Blade Hours
Aircraft Hourly Rate to support para drops in accordance with the Performance Work Statement. Funding for any unused blade hours will be returned to the Government.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
2002AB
| 65 |
| Days |
Facilities Fee
ESTIMATED
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 0001AA |
| Destination |
| Government |
| Destination |
| Government |
| 0001AB |
| Destination |
| Government |
| Destination |
| Government |
| 0001AC |
| Destination |
| Government |
| Destination |
| Government |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
| 0002AA |
| Destination |
| Government |
| Destination |
| Government |
| 0002AB |
| Destination |
| Government |
| Destination |
| Government |
| 1001 |
| Destination |
| Government |
| Destination |
| Government |
| 1001AA |
| Destination |
| Government |
| Destination |
| Government |
| 1001AB |
| Destination |
| Government |
| Destination |
| Government |
| 1001AC |
| Destination |
| Government |
| Destination |
| Government |
| 1002 |
| Destination |
| Government |
| Destination |
| Government |
| 1002AA |
| Destination |
| Government |
| Destination |
| Government |
| 1002AB |
| Destination |
| Government |
| Destination |
| Government |
| 2001 |
| Destination |
| Government |
| Destination |
| Government |
| 2001AA |
| Destination |
| Government |
| Destination |
| Government |
| 2001AB |
| Destination |
| Government |
| Destination |
| Government |
| 2001AC |
| Destination |
| Government |
| Destination |
| Government |
| 2002 |
| Destination |
| Government |
| Destination |
| Government |
| 2002AA |
| Destination |
| Government |
| Destination |
| Government |
| 2002AB |
| Destination |
| Government |
| Destination |
| Government |
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC |
| 0001 |
| N/A |
| N/A |
| N/A |
| N/A |
| 0001AA |
| POP 31-MAR-2017 TO |
30-MAR-2018
| N/A |
| 2ND RECON BN |
JASON REES
SNEADS FERRY RD
BLDG A71
CAMP LEJEUNE NC 28542-0138
910-440-7750
M12009
| 0001AB |
| POP 31-MAR-2017 TO |
30-MAR-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M12009
| 0001AC |
| POP 31-MAR-2017 TO |
30-MAR-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M12009
(SAME AS PREVIOUS LOCATION)
M12009
| 0002AA |
| POP 31-MAR-2017 TO |
30-MAR-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M12009
| 0002AB |
| POP 31-MAR-2017 TO |
30-MAR-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M12009
| 1001 |
| N/A |
| N/A |
| N/A |
| N/A |
| 1001AA |
| POP 31-MAR-2018 TO |
30-MAR-2019
| N/A |
| 2ND RECON BN |
JASON REES
SNEADS FERRY RD
BLDG A71
CAMP LEJEUNE NC 28542-0138
910-440-7750
M12009
| 1001AB |
| POP 31-MAR-2018 TO |
30-MAR-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M12009
| 1001AC |
| POP 31-MAR-2018 TO |
30-MAR-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M12009
| 1002 |
| N/A |
| N/A |
| N/A |
| N/A |
| 1002AA |
| POP 31-MAR-2018 TO |
30-MAR-2019
| N/A |
| 2ND RECON BN |
JASON REES
SNEADS FERRY RD
BLDG A71
CAMP LEJEUNE NC 28542-0138
910-440-7750
M12009
| 1002AB |
| POP 31-MAR-2018 TO |
30-MAR-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M12009
| 2001 |
| N/A |
| N/A |
| N/A |
| N/A |
| 2001AA |
| POP 31-MAR-2019 TO |
30-MAR-2020
| N/A |
| 2ND RECON BN |
JASON REES
SNEADS FERRY RD
BLDG A71
CAMP LEJEUNE NC 28542-0138
910-440-7750
M12009
| 2001AB |
| POP 31-MAR-2019 TO |
30-MAR-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M12009
| 2001AC |
| POP 31-MAR-2019 TO |
30-MAR-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M12009
| 2002 |
| N/A |
| N/A |
| N/A |
| N/A |
| 2002AA |
| POP 31-MAR-2019 TO |
30-MAR-2020
| N/A |
| 2ND RECON BN |
JASON REES
SNEADS FERRY RD
BLDG A71
CAMP LEJEUNE NC 28542-0138
910-440-7750
M12009
| 2002AB |
| POP 31-MAR-2019 TO |
30-MAR-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M12009
PERFORMANCE WORK STATEMENT
PWS for PARACHUTE TRAINING AIRCRAFT SUPPORT SERVICES
1.0 SCOPE. 2d Reconnaissance Battalion, 2d Marine Division has a requirement for parachute training aircraft support services in order to safely conduct airborne sustainment and pre-deployment training. This training is required to maintain proficiency in accordance with MCO 3120.11a, and TM70244A-OI.
2.0 REQUIREMENT. The contractor shall provide all management, labor, equipment, tools, materials, and services necessary to provide Aircraft Support Services to include aircraft with pilots for use as a jump platform in order to conduct airborne sustainment training. Training consists of Low-Level Static Line (LLSL), High Altitude High Opening (HAHO), High Altitude Low Opening (HALO) parachute training using the SF-10A, Multi-Mission Parachute System (MMPS), and Tandem Offset Resupply Delivery System (TORDS) parachute systems. Some cargo delivery (door bundles, etc.) are included as well.
3.0 APPLICABLE DOCUMENTS.
| 3.1 | Training Manual 70244A-OI |
| 3.2 | Marine Corps Order 3120.11A |
4.0 GENERAL INTENT. This is a requirements contract is for aircraft aviation services. Task orders will be placed as requirements are identified. The Government intends to award a requirements type contract IAW FAR PART 16.503, Requirements Contract.
The quantities specified in the schedule are estimates only and do not commit the Government to purchase. Task orders will be placed as requirements are identified and only when the military cannot support the requirement.
Task orders issued against this contract will specify the exact service and period of performance to be completed. Funds are obligated by each task order, not by the contract itself.
5.0 AIRCRAFT SUPPORT SERVICES.
5.1 AIRCRAFT. The contractor is responsible for providing all necessary STOL aircraft, fuel, landing fees, ramp fees, pilot required accessories and aircraft associated maintenance required for the conduct of the training. All aircraft must be FAA approved, certified, and/or licensed.
5.1.1 Contractor shall provide one (1) CASA 212 ramp style aircraft, or aircraft of comparable capability, and aircrew. The ramp style aircraft shall be capable of conducting static line operations. Aircraft must be configured for day and night operations. The ramp style aircraft is required to have the ramp that allows a forklift driver to load and unload parachute equipment. The aircraft must be equipped with oxygen for pilots and aircrew. Jump lights (Red/Green) must be in the cargo compartment of the aircraft for jumpmaster/aircrew coordination. Contractor must have the certifications required to receive authorizations to land and operate out of military controlled airfields and Drop Zones, as requested by the Government.
5.1.2 Contractor must be listed under the Airborne Mobile Command (AMC) Paratroopers Air Carrier List.
5.2 AIRCREW. Contractor shall provide aircraft pilots with current FAA licenses and type ratings as required to operate the ramp style aircraft. All aircrew must be familiar with the coordination necessary for all proposed Para drops tactics and procedures relating to aircrew and jumpmaster interface/coordination. The contractor shall have a minimum of two (2) pilots available to offset for a twelve (12) hour, take-off to landing, crew rest (if needed).
5.3 AIRFIELD/DROP ZONES. The contractor, in coordination with the Government’s POC, will ensure they are fully familiar with the airfield and Drop Zone (DZ) to be used. The DZ will be free of all above ground power lines. The government will provide; locations, date time groups (DTGs), POCs, Drop Zone Safety Officers, Jump Masters, required air items to support air delivery of personnel, communication frequencies, call signs, landing DZ markings, DZ approach (track/heading) and applicable Memorandums Of Agreement or facility use agreements. The contractor must also have a NOTAM to support jumps up to 45km away from the established Drop Zone with a ceiling up to 25,000’ Mean Sea Level (MSL).
5.4 PLACE OF PERFORMANCE. The training will be conducted at the location identified. 2d Reconnaissance Battalion will facilitate travel to and from the vendor’s facility when required.
5.5 PERFORMANCE. The Government will notify the contractor at least 30 days in advance of a requirement by issuance of a task order. Performance may be required at a Government facility or contractor facility. 2d Reconnaissance Battalion will facilitate travel to and from the contractor’s facility as needed. The contractor will coordinate with the Contracting Officer’s Representative (COR) for start/end times.
5.6 PERIOD OF PERFORMANCE. The Government anticipates awarding a firm fixed price contract with a 12 month base period and (2) two 12 month option periods.
| Base Year: | 31 March 2017 – 30 March 2018 | |
| Option Year One: | 31 March 2018 – 30 March 2019 | |
| Option Year Two: | 31 March 2019 – 30 March 2020 |
5.7 FACILITIES/SERVICES. The following facilities and services are required to conduct this training:
1. Billeting space and shower/toilet facilities for up to (40) people. 2d Reconnaissance Battalion will supply bedding.
1. Facilities must be within 300 miles (driving distance) of Camp Lejeune, NC.
c. Indoor, climate-controlled parachute packing space large enough for (30) Multi-Mission Parachute Systems to be packed simultaneously.
d. Outdoor packing space large enough for (30) Multi-Mission Parachute Systems to be packed simultaneously.
e. Facilities adequate to shake out parachutes.
f. Secure temporary storage for life support equipment.
g. Facilities suitable for oxygen transfer and storage.
h. Basic parachute repair facility with sewing machine.
i. Kitchenette with refrigerator, sinks, and microwave ovens.
j. Wireless internet connectivity/computers and printers sufficient for printing flight manifests and other administrative needs.
k. Office spaces utilized for Jumpmasters and Team Leader planning.
l. Staff available for assistance with jumper recovery.
m. Local logistical support available from staff.
5.8 UNUSED BLADE HOURS. The Government has the right to cancel a flight mission the day of the training due to foul weather on the drop zone. Funding for any unused blade hours (due to adverse weather conditions, safety stand down, etc.) will be returned to the Government. In that case, the Government will reimburse the contractor for actual time flown, and flight time to return to home station.
6.0 CONTRACTORS UNAUTHORIZED WORK PERFORMANCE: The contractor shall not perform work that deviates from contract requirements and specifications. If the contractor deviates from contract requirements and specifications without approval of the CONTRACT ADMINISTRATOR/OFFICER, such deviation shall be at the risk of the contractor and any cost related thereto shall be borne by the contractor.
7.0 ROLE OF CONTRACTING OFFICER’S REPRESENTATIVE (COR) FOR INSPECTION, ACCEPTANCE AND OTHER DUTIES. The COR is responsible for providing technical oversight of the contractor’s performance. The COR uses the QASP to conduct the oversight/surveillance process. The COR shall keep a Quality Assurance file that accurately documents the contractor’s actual performance. The purpose is to ensure that the contractor meets the performance standards contained in the contract. The COR is responsible for reporting early identification of performance problems to the KO. The COR is required to provide an annual performance assessment to the KO which will be used in documenting past performance. The QASP is the primary tool for documenting contractor performance. The COR is not empowered to make any contractual commitments or to authorize any contractual change on the Government’s behalf.
7.1 THE FOLLOWING WILL BE APPOINTED AS COR:
COR Name: Capt. Jason M. Rees COR Telephone Number: 910-440-7740 COR Email: jason.rees@usmc.mil
7.2 CONTRACT ADMINISTRATOR: Marine Corps Installations East - Contracting Office:
Name: Kathy Wilcox Phone: 910-451-2247 Email: kathy.wilcox@usmc.mil
8.0 PERFORMANCE REQUIREMENTS SUMMARY. The contractor’s ability to provide services in accordance with the PWS requirements will be measured against the below listed Performance Requirements Summary as identified in the Quality Assurance Surveillance Plan (QASP).
PERFORMANCE REQUIREMENTS SUMMARY (PRS)
| Statement |
| Performance Standard |
| Acceptable Quality Level |
(AQL)
| Surveillance Method |
| Incentive |
| Provide transport to and from drop zone |
| Safe and timely transport of Marines to and from drop zone. |
| 100% |
| 100% inspections |
| Exercise Option |
| Provide facilities suitable for billeting and preparing for parachute operations |
| Provide suitable facilities described in the PWS. |
| 100% |
| 100% inspections |
| Exercise Option |
BASE ACCESS
Access Control specifications to be incorporated in solicitations and contracts:
1. Marine Corps Installations East – Marine Corps Base Camp Lejeune and Marine Corps Air Station New River have implemented the new RAPIDGate program intended to enhance installation access control. However, RAPIDGate contains significant changes that may affect contractor’s and their employee’s access to these installations. In order to gain access to Marine Corps Base (MCB), Camp Lejeune and/or Marine Corps Air Station (MCAS), New River, non-federal Government and non-DoD issued ID cardholders require identity proofing and vetting to determine fitness and eligibility for access. Specifically, a check of records through the National Crime Information Center (NCIC) Interstate Identification Index (III) is the installation’s minimum background check for access to MCB, Camp Lejeune and/or MCAS, New River for non-Common Access Card holders, to include entrance of visitors.
2. MCB, Camp Lejeune and MCAS, New River applies the following non-federal Government cardholder criteria to determine the authorized type of access control credentials:
| a. Contractors: | RAPIDGate or 30 – Day Pass followed by 4 – Day Pass* | |
| b. Sub-Contractors: | RAPIDGate or 30 – Day Pass followed by 4 – Day Pass* | |
| c. Vendors: | RAPIDGate or 30 – Day Pass followed by 4 – Day Pass* | |
| d. Suppliers: | RAPIDGate or 30 – Day Pass followed by 4 – Day Pass* | |
| e. Service Providers: | RAPIDGate or 30 – Day Pass followed by 4 – Day Pass* | |
| f. Delivery Personnel: | RAPIDGate or 30 – Day Pass followed by 4 – Day Pass* |
g. Public-Private Venture (PPV) Housing and Installation Volunteers:
Local Population Credential (The following are examples of Installation Volunteers: (Red Cross, Community College Instructors and Students, Commissary Baggers, Naval Hospital Volunteers, Family Readiness Volunteers, Wounded Warrior Volunteers, and any other organization approved by the Commanding General, Marine Corps Installation East-Marine Corps Base Camp Lejeune and Commanding Officer, MCAS, New River)
3. Contractor Common Access Card (CAC) Eligibility: Contractor personnel authorized CAC’s are exempt from RAPIDGate enrollment.
4. Contractor personnel who are ineligible for a CAC will be required to either obtain a 30-Day pass followed by a 4-Day pass* or enroll in the RAPIDGate Program. RAPIDGate is a voluntary program due to associated costs. For further information concerning contractor access, please contact the Contractor Vetting Office at 910-450-5978 or visit MCB, Camp Lejeune (http://www.lejeune.marines.mil/) or MCAS New River (http://www.newriver.marines.mil/) websites. For information concerning enrolling in RAPIDGate please visit their website at www.rapidgate.com.
Note: The Government will not be responsible for any access delays. Delays that may result from inadequate planning are contractor responsibility. Any and all costs associated with RAPIDGate are the sole responsibility of the contractor.
*Contractors will be issued a one-time pass for 30 days. Upon expiration of the 30 day pass, they will only be issued a 4 day pass every 4 days thereafter, for the duration of the contract.
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) TAILORED
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:
This is a request for OPEN MARKET PRICED quotes for services. The proposed acquisition is 100% Small Business Set Aside. The associated North American Industrial Classification System (NAICS) Code is 481219 Other Nonscheduled Air Transportation. The size standard is $15 million.
BASIS OF AWARD: The Government will solicit and award this contract using simplified acquisition procedures, in accordance with FAR Subpart 13.0.
The Government intends to award to the quoter(s) who represent the Lowest Price Technically Acceptable (LPTA) for each CLIN, so more than one award may be made. Quotes will be evaluated and ranked according to price, from lowest to highest. The Government reserves the right to evaluate only the technical quote of the lowest price quoter. Other technical quotes may not be evaluated unless the Government determines the lowest price quoter to be unacceptable, the technical quote of the next lowest price quoter will be evaluated. This process will continue until a technical proposal is determined to be acceptable.
EVALUATION. Vendors responding to this RFQ shall submit their quote in accordance with FAR 52.3212-1.
Submission of quote shall include the following:
(1) Technical specifications:
CLIN 0001
(a) Currently authorized Paratrooper Air Carrier.
(b) Type of aircraft to be provided
(c) Certifications required to receive authorization to land and operate out of military controlled airfields and Drop Zones.
CLIN 0002
(a) Currently authorized Paratrooper Air Carrier.
(b) Type of aircraft to be provided
(c) A statement of how the factors in paragraph 5.3 Airfield/Drop Zones of the PWS will be satisfied. Merely restating the PWS requirement is not acceptable.
(d) A complete explanation of how requirements a through m in paragraph 5.7 Facilities/Services of the PWS will be satisfied. Merely restating the PWS requirement is not acceptable.
(2) Delivery
(a) CLIN 0001 – Statement regarding ability to meet the required Period of Performance of _______________
(b) CLIN 0002 – Statement regarding ability to meet the required Period of Performance of _______________
(3) Price
Award will be made on the basis of the lowest price technically acceptable (LPTA) of quotes meeting or exceeding the acceptability standards for non-cost factors. The Government intends to evaluate quotes and award a contract without discussions with vendors. Vendors should not expect requests for clarification or additional information from the Government. Therefore, the vendor’s initial quote should contain the vendor’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions with vendors if later determined by the Contracting Officer to be necessary and in the best interest of the Government. The Government may reject any or all quotes if such action is in the public interest; and may waive informalities and minor irregularities in quotes received.
SUBMISSION REQUIREMENTS. Quotes shall include:
1) Completed FAR provision 52.212-3 -The quoter shall complete only paragraphs (b) of the provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Quoter has not completed the annual representations and certifications electronically, the Quoter shall completed only paragraphs (c) through (r) of this provision. Put company name on document.
2) Technical specifications, Delivery, and Price) see EVALUATION paragraphs above).
3) Confirm that your price is “Open Market” and not GSA pricing.
4) Provide the following information: CAGE Code and DUNS Number.
SUBMISSION OF QUOTES. Quotes related to this RFQ shall be received by the Contracting Department by the date and time indicated in block 8 on the front page of the solicitation to be considered for award. The information submitted shall be clear and legible (Note: repetitively copied data loses its clarity and legibility.)
Quotes may be submitted via email to kathy.wilcox@usmc.mil (PREFERED METHOD); via USPS to Commanding General, Attn: Contracting Department, P.O. Box 8368, Camp Lejeune, NC 28547-8368; or via hand delivery/courier (UPS, FEDEX, Etc.) to Contracting Department, Attn: Kathy Wilcox, Bldg. 1116, Camp Lejeune, NC 28542. It is solely the Contractor’s responsibility to ensure quotes are received within the required timeframe in Block 8 on the first page of the SF1449.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUL 2016) ALTERNATE I (OCT 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.
(a) Definitions. As used in this provision-- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (q) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”
(2) Foreign End Products:
| LINE ITEM NO. |
| COUNTRY OF ORIGIN |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
| LINE ITEM NO. |
| COUNTRY OF ORIGIN |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
| LINE ITEM NO. |
| COUNTRY OF ORIGIN |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Canadian End Products:
Line Item No.:
[List as necessary]
(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':
Canadian or Israeli End Products:
| Line Item No.: |
| Country of Origin: |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
| Line Item No.: |
| Country of Origin: |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products
| Line Item No.: |
| Country of Origin: |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
| ___ |
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--
(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and
(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge.
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